Committee OKs Roberts; heads to Senate

Supreme Court

Posted: Friday, September 23, 2005

By David EspoAssociated Press

WASHINGTON - John Roberts' nomination as chief justice cleared a Senate committee on a bipartisan vote of 13-5 Thursday, with next week's confirmation so certain that Republicans and Democrats turned increasing attention to President Bush's choice to fill a second Supreme Court vacancy.

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Before the committee vote on Roberts, Sen. Herb Kohl, D-Wis., said, "I will vote my hopes and not my fears, and I will vote to confirm him." Kohl was one of three Democrats on the Judiciary Committee who supported Roberts' nomination along with all 10 Republicans on the panel.

"I don't see how anybody can justify a vote against Judge Roberts, unless they want to nitpick certain areas that you can nitpick on anybody," said Orrin Hatch, R-Utah.

Five Democrats voted against Roberts, questioning his commitment to civil rights and expressing concern that he might overturn the 1973 court ruling that established the right to abortion.

"The values and perspectives displayed over and over again in his record cast doubt on his view of voting rights, women's rights, civil rights and disability rights," Sen. Edward M. Kennedy, D-Mass., said of the 50-year-old appeals court judge and former Reagan administration lawyer.

The Democratic support for Roberts marked a stinging defeat for the liberal groups that are lobbying energetically against confirmation. Without mentioning names, Sen. Barack Obama, D-Ill., criticized them in remarks on the Senate floor, accusing them of "kneejerk, unbending and what I consider to be unfair attacks" on lawmakers who disagreed.

Even so, one prominent conservative said he was unimpressed with the level of bipartisanship in committee. "We're supposed to think the Democrats are being magnanimous? Give me a break," said Leonard Leo of the Federalist Society. He noted that several Supreme Court nominees of presidents of both parties have gained overwhelming bipartisan support in the past two decades.

The full Senate is to debate Roberts' nomination next week, with all 55 Republicans expected to support him. A final vote is expected Thursday, in enough time to allow him to succeed the late William H. Rehnquist and become the 17th chief justice before the court begins a new term on Oct. 3.

Sen. Hillary Rodham Clinton, D-N.Y., a potential presidential contender in 2008, said she will oppose the nomination. In prepared remarks, she said, "Desire to maintain the already fragile Supreme Court majority for civil rights, voting rights and women's rights outweighs the respect I have for Judge Roberts' intellect, character and legal skills."